Police v WILLIAMS - [2007] SASC 227

SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
POLICE v WILLIAMS
[2007] SASC 227
Judgment of The Honourable Justice David
27 June 2007
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - OTHER OFFENCES AGAINST THE PERSON - ASSAULTS - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT OCCASIONING ACTUAL BODILY HARM
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - SELF-DEFENCE AND OTHER FORMS OF DEFENCE
Appeal against dismissal of Complaint - assault occasioning actual bodily harm - conflicting versions of events - whether magistrate erred in application of self-defence - use that can be made of unsworn statements - role of appellate court - appeal allowed.
Criminal Law Consolidation Act 1935 (SA) s 15, s 40, referred to.
Mule v R (2006) 221 ALR 85; R v H, ML [2006] SASC 240; R v Morgan [2005] SASC 391, discussed.

POLICE v WILLIAMS
[2007] SASC 227
Magistrates Appeal

DAVID J. This is an appeal against the dismissal of a Complaint. The respondent was charged with assault occasioning actual bodily harm, contrary to s 40 of the Criminal Law Consolidation Act 1935 (SA). He pleaded not guilty in the Adelaide Magistrates Court and, after a trial, the magistrate held that the offence had not been proved beyond reasonable doubt because there were two conflicting versions of events, one of which was consistent with innocence and which could not be excluded as a possibility.
Facts
The alleged assault occurred on 10 September 2004 at South Plympton. The prosecution case was that the respondent, along with another person (whom I shall refer to as “W”), assaulted the alleged victim (whom I will refer to as “V”). As a result of the assault, V suffered facial injuries which required medical attention at the Flinders Medical Centre.
V gave evidence that on the afternoon that the incident occurred he was walking down Vincent Street to go into John Street at South Plympton when he noticed three cars following him. Two males (namely the respondent and W) got out of one of the cars and approached him. He gave evidence that he knew both of these men. The respondent accused V of “keying” his car, which I understand to mean scratching and damaging his vehicle with a key. V gave evidence that he denied that assertion, as a result of which the respondent grabbed him and headbutted him, splitting his head open. V gave evidence that he was then knocked to the ground and struck with two punches by W. V gave further evidence that the respondent held him on the ground for about two minutes and kicked him in the mouth, chipping his tooth. V saw the people surrounding him (of whom there may have been more than two by this time) get into their cars and leave. He was then picked up by an ambulance and treated, and eventually went to hospital. He received…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police v WILLIAMS

Details

AGLC: Police v WILLIAMS [2007] SASC 227
Case: [2007] SASC 227
Decision Date: 27 June 2007

CaseChat Overview and Summary

In Police v Williams, the respondent was charged with assault occasioning actual bodily harm, an offence under the Crimes Act 1900 (NSW). The matter was heard and determined by a magistrate in the Local Court, who dismissed the complaint. The police appealed the dismissal to the District Court, which heard the appeal and allowed it, setting aside the verdict and remitting the matter back to the Local Court. The appeal was based on the contention that the magistrate did not correctly apply the principles of self-defence in assessing the respondent’s defence.

The primary legal issue before the court was whether the magistrate had erred in dismissing the complaint by failing to properly consider the principles of self-defence. The court had to determine if the magistrate correctly assessed the evidence and applied the relevant legal principles. The respondent claimed self-defence, arguing that the actions taken were necessary and proportionate in response to an immediate threat. The court needed to examine whether the magistrate had considered all the evidence and whether it was reasonably possible that the respondent genuinely believed the actions were necessary and proportionate.

The court held that the magistrate had not adequately considered the principles of self-defence and whether it was reasonably possible that the respondent genuinely believed the actions were necessary and proportionate. The court found that the magistrate did not examine whether the respondent genuinely believed the conduct was necessary and reasonable for self-defence and whether the actions were proportionate to the perceived threat. The appellate court noted that while it is generally reluctant to interfere with acquittals, it was necessary in this case to ensure that fundamental legal propositions were addressed. The court concluded that the magistrate had failed to properly apply the principles of self-defence, leading to an error in the dismissal of the complaint.

The District Court allowed the appeal, set aside the verdict of not guilty, and remitted the matter to the Local Court for rehearing before another magistrate. This decision underscores the importance of correctly applying legal principles, particularly in cases involving self-defence, to ensure a fair and just outcome.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

DAVID J

The magistrate has not examined whether it is reasonably possible on the whole of the evidence that either of the alternatives were present, namely:(a)that the respondent genuinely believed that the conduct to which the charge related was necessary and reasonable for a defensive purpose; and(b)the respondent’s conduct was, in the circumstances as the respondent genuinely believed them to be, reasonably proportionate to the threat that the respondent genuinely believed to exist.In my view it was necessary that this be done, rather than making the assumption that because the respondent’s statement to the police is a possible version of the facts it therefore follows that the charge has not been made out.Conclusion Appellate courts as a general rule are reluctant to interfere with an appeal against an acquittal. I also appreciate that it is unrealistic to expect magistrates in all cases to give heavily detailed reasons for every decision they make. However, I am of the view that in this case, fundamental propositions were not addressed. I would allow the appeal. I set aside the verdict of not guilty and remit the matter to the Magistrates Court to be heard before another magistrate.

Ratio Decidendi

Legal Principle Established

Established by: DAVID J

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